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Register of Damage for Ukraine

Register of Damage for Ukraine

  • Homepage
  • SUBMIT A CLAIM
  • Claims Processing
  • FAQ
    • Back
    • General
    • C3.1 Damage, Destruction or Loss of Assets
    • B1.1/B1.2 Damage or destruction of critical and non-critical infrastructure
    • С1.1/С1.2 Damage or destruction of critical and non-critical infrastructure
    • A1.1 Involuntary internal displacement
    • A1.2 Involuntary displacement outside of Ukraine
    • A2.1 Death of an immediate family member
    • A2.2 Missing immediate family member
    • A2.3 Serious personal injury
    • A2.4 Sexual violence
    • A2.5 Torture or inhuman or degrading treatment or punishment
    • A2.6 Deprivation of liberty
    • A2.7 Forced labour or service
    • A2.8 and A2.9 – Forcible transfer or deportation of children and adults
    • A3.1 Damage or destruction of residential immovable property
    • A3.2 Damage or Destruction of Non-Residential Immovable Property
    • A3.3 Loss of housing or residence
    • A3.5 Loss of individual enterprise
    • A3.6 Loss of access or control of immovable property in the temporarily occupied territories
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You are here:
  1. Register of Damage for Ukraine
  2. FAQ
  3. С1.1/С1.2 Damage or destruction of critical and non-critical infrastructure

С1.1/С1.2 Damage or destruction of critical and non-critical infrastructure

Can a legal entity submit a claim in this category?

A legal entity can submit a claim in this category if:

  1.  it owned infrastructure located or operating in Ukraine; and
  2. the infrastructure was damaged or destroyed as a result of Russia’s full-scale invasion starting on 24 February 2022.

Who can submit a claim in this category if a legal entity is owned or controlled by the State or municipal authority, but the legal entity has economic management, operational control, or the right of usufruct in respect of infrastructure which was damaged or destroyed?

The legal entity should submit the claim in this category.

What can a legal entity claim under this category?

A legal entity can submit a claim for:

  1. the value of the destroyed property; or
  2. the cost of repairs or reconstruction of damaged infrastructure or its function.

If the legal entity’s claim also relates to other losses concerning damage or destruction of infrastructure, it should also submit a claim in a different category that covers such losses.

What does “infrastructure” mean for this category?

Infrastructure is any asset, object, structure, or system – whether virtual or physical – that facilitates the functioning of the State of Ukraine and its society, by providing a function or service to the benefit of, or for the use by, the general public.

What does “critical infrastructure” mean for this category?

Infrastructure is critical if its functioning, in part or in full, on its own or in connection with other infrastructure, is of critical importance to vital interests of the State of Ukraine, such as economy, security, defence, and/or the provision of vital functions or services to its society, the improper functioning, incapacitation, or destruction of which has or risks considerable impact on the provision of said functions and services.

Infrastructure in the following sectors may be considered as critical infrastructure:

  1. governance and provision of essential public (administrative) services;
  2. energy supply (including heat supply);
  3. water supply and sewerage;
  4. food supply;
  5. healthcare;
  6. pharmaceutical industry;
  7. production of vaccines, sustainable operation of biolaboratories;
  8. information services;
  9. electronic communications;
  10. financial services;
  11. transport;
  12. defence, state security;
  13.  law and order, administration of justice, and detention;
  14. civil protection of the population and territories, rescue services;
  15. space activities, space technologies and services;
  16. chemical industry; and
  17. research activities.

What does “non-critical infrastructure” mean for these categories?

Any infrastructure that does not qualify as critical will be considered non-critical.

How does a legal entity show that its infrastructure was critical?

A legal entity should submit as much evidence as necessary to establish its infrastructure was critical.

When filing its claim, the legal entity will be asked to provide:

  1. information on any registration, and the registration number, in Ukraine’s Register of Critical Infrastructure;
  2. information regarding the sector in which the infrastructure operated;
  3. information regarding the essential function or service provided by the infrastructure;
  4. information regarding the impact of the infrastructure’s absence or lack of functioning; and
  5. information regarding whether the infrastructure was critical on its own or in combination with other infrastructure.

This list is not exhaustive. It is for the legal entity to decide what evidence to submit and to substantiate any claim that its infrastructure was critical.

 

Does the qualification of the infrastructure as “critical” have any benefit?

This will be for the Claims Commission to decide. For the Register, this qualification is a matter of classification and it is not expected to impact the registration of a claim, as reparation is owed for damage or destruction of both critical and non-critical infrastructure.

What are some examples of events that could lead to damage or destruction of infrastructure?

Some examples could include:

  1. military attacks;
  2. physical sabotage;
  3. cyberattacks;
  4. damage during occupation;
  5. restrictions on importing or exporting goods or services; and
  6. interruption of supply or logistics, for instance fuel, energy, water, raw materials, or transport routes.

This list is not exhaustive.  

It is for the legal entity to present and substantiate its claim, including that it suffered the damage or destruction of infrastructure in the amount for which it seeks compensation and that it suffered it as a consequence of Russia’s full-scale invasion of Ukraine.

How does a legal entity prove that it is the owner of the infrastructure?

A legal entity should submit as much evidence as necessary to establish its ownership of the infrastructure. Examples could include:

  1. extracts from official government sources, such as Ukraine’s State Registry of Immovable Property Rights;
  2. financial statements going back to 2017 or earlier, if possible;
  3. tax reporting documentation;
  4. certificates of ownership;
  5. sale and purchase documents;
  6. security documents;
  7. leasehold agreements;
  8. contracts; 
  9. bank statements;
  10. insurance records;
  11. photos and videos; 
  12. correspondence; and 
  13.  written testimonies from persons who can confirm ownership.

This list is not exhaustive. It is for the legal entity to decide what evidence to submit and to substantiate its claim that it is the owner of the infrastructure.

After the infrastructure was damaged or destroyed, a legal entity started the process of liquidation, but this is not yet complete. Can the legal entity still submit a claim?

Yes, it can. The representative filing its claim in such a scenario must be duly authorised and have capacity to do so.

Can a legal entity submit a claim for infrastructure located or operated in a temporarily occupied territory of Ukraine?

Yes, a legal entity can submit a claim in this category for the damage or destruction of infrastructure located or operated anywhere in Ukraine, including its temporarily occupied territories.

What can a legal entity submit as evidence of the damage or destruction of the infrastructure?

A legal entity should provide as much evidence as necessary to establish the damage or destruction of the infrastructure.. Examples could include:

  1. extracts from official government sources, such as Ukraine’s Register of Damaged and Destroyed Property;
  2. relevant court decisions or expert reports;
  3. documents from law enforcement and judicial authorities, such as police reports or applications to open criminal proceedings;
  4. acts of the State Emergency Service, such as acts detailing fire, damage, or destruction of infrastructure, including the cause;
  5. reports from military administrations;
  6. acts of local authorities, including inspection reports by representatives of city, town, or village councils;
  7. media reports, including online publications and messenger channels;
  8. photos and videos;
  9. correspondence; and
  10. written testimonials of persons who can confirm the damage or destruction.

This list is not exhaustive.

It is for the legal entity to decide what evidence to submit and to present and substantiate its claim, including that it suffered the damage or destruction of infrastructure in the amount for which it seeks compensation.

How can a legal entity demonstrate that the damage or destruction of the infrastructure was caused by Russia’s full scale invasion?

A legal entity should provide as much information as possible about the damage or destruction of the infrastructure, including, for example:

  1. a detailed description of the circumstances of the damage or destruction of the infrastructure;
  2. audited financial statements which record the infrastructure as being damaged or destroyed because of Russia’s full-scale invasion;
  3. documents (such as police reports, court documents, expert reports, media reports, written testimonials, or correspondence), photos, or videos demonstrating that the infrastructure was damaged or destroyed because of Russia’s full-scale invasion; and
  4. extracts from official government sources, such as Ukraine’s Register of Damaged and Destroyed Property.

This list is not exhaustive.

It is for the legal entity to present and substantiate its claim, including that it suffered the damage or destruction of infrastructure in the amount for which it seeks compensation, and that this was caused by Russia’s full-scale invasion of Ukraine.

If the infrastructure was repaired, can a legal entity still submit a claim?

Yes, it can. The legal entity should provide any evidence of the repairs, including the cost.

Does a legal entity need to estimate the amount of its claim for the damage or destruction of infrastructure?

Yes, a legal entity should provide an estimated amount of its claim. The legal entity should also identify how it reached this number, and include an itemisation of its claim.

This should include the amounts claimed for:

  1. the value of the destroyed infrastructure; or
  2. the cost of repairs or reconstruction of damaged infrastructure or its function.

The legal entity should also include any steps taken, and costs incurred, to mitigate the harm of the damage or destruction of infrastructure.

Failure to provide a complete and understandable claim is at the legal entity’s own risk.

What should a legal entity submit as evidence of the amount of the claim?

A legal entity should provide as much evidence as necessary to establish the amount of its claim. Examples could include:

  1. financial statements going back to 2017 or earlier, if possible;
  2. sale and purchase agreements;
  3. receipts;
  4. invoices;
  5. contracts;
  6. insurance documents; and
  7. documents or correspondence with vendors, buyers, or partners.

This list is not exhaustive.

It is for the legal entity to decide what evidence to submit, and to present and substantiate its claim, including that it suffered the damage or destruction of infrastructure in the amount for which it seeks compensation. In order to substantiate its claim, the legal entity must provide all detailed and further narrative descriptions required in the Claim Form. Failure to do so is at the legal entity’s own risk.

 

What if a legal entity did not obtain any expert evaluation of damages, can it still submit a claim?

Yes, a legal entity can submit a claim without an expert’s evaluation. However, it is for the legal entity to present and substantiate its claim, including that it suffered the damage or destruction of infrastructure in the amount for which it seeks compensation, including through the provision of an expert evaluation to the extent necessary. Failure to provide a complete and understandable claim is at the legal entity’s own risk.

What if a legal entity plans to get an expert evaluation of damages, is there an approved list of experts?

No, there is no approved or exhaustive list of experts for this purpose.

What if a legal entity has received financial or other assistance from the State, international donors, or civil society organisations, can it still submit a claim?

Yes, a legal entity can submit a claim regardless of whether it has received financial or other assistance.

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